Immigration agents are reminded that the Government is introducing the TSS visa in early March 2018 to ensure business can access the critical skills they need to grow, where no skilled Australia worker is available.
The TSS visa is part of the Government's reform agenda to strengthen the integrity and quality of Australia's temporary and permanent employer sponsored skilled migration programs. This is, however, an important opportunity to introduce a number of initiatives to help streamline processing of temporary skilled work visas and contribute to reduced processing times, particularly for lower risk applications.
A number of initiatives are planned in this space which will help the TSS visa support business to fill skill shortages. They include:
- a new standard five year sponsorship agreement period (including for start-ups)
- implementing auto-approval of complete streamlined lower-risk nomination applications lodged by accredited sponsors2
- a new streamlined 'renewal process' for existing sponsors – that is, a shorter application form to fill out and possible auto-approval of such sponsorship applications
- new online forms for the new TSS visa
- a complete review of correspondence to ensure that TSS correspondence templates are easier to use and understand.
There will be three options available under this new visa program:
Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL)1 for a maximum of two years (or up to four years if an international trade obligation applies)
Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL)*1 for up to four years, with eligibility to apply for permanent residence after three years
Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.
At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:
1 year or 2 years for the short-term stream (unless an international trade obligation applies); and
1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.
Further communications initiatives are being considered for February and March 2018 to help agents familiarize themselves with these new visa arrangements.
In the meantime, NguyenDoLawyers will introduce to you all the key new requirements and transitional arrangements between.
In the meantime, this newsletter will be used to start to familiarize agents with key new requirements and transitional arrangements – see below!
Understanding the transition from subclass 457 to TSS
Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program. It is, however, important that agents understand transitional arrangements that are expected to be in place for nomination and visa applications so that they can plan accordingly with their clients and not wait until the last minute to lodge applications.
Subject to final approval of transitional arrangements, it is expected that:
- if subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
- if a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become 'redundant' as subclass 457 nominations cannot be linked to TSS visa applications, even where the nomination has already been approved (subject to the specific scenarios below).
Arrangements will be put in place to ensure that such 'redundant applications' can be finalized and/or withdrawn with a refund of the fee provided. To avoid delays or unnecessary additional processing steps, RMAs are, however, strongly encouraged to:
- lodge complete subclass 457 nomination and visa applications together before the end of February, or
- postpone lodgment until commencement of TSS.
Note:
- Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) will be able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS visa linked to their family's subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
- Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS nomination application to facilitate this as per current arrangements.
- Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.
Transitional arrangements - subclass 457 visa holders and applicants applying for permanent residence after March 2018
Advice regarding the impact of recent reforms on subclass 457 visa holders and applicants who wish to apply for permanent residence remains available on the Department's website at: Impacts for existing 457 visa holders wishing to apply for permanent residence.
These arrangements remain subject to final approval. A summary table has, however, been provided below to assist agents to determine which options may remain available to their clients.
Note: These transitional arrangements are relevant for TRT stream applications only. No transitional arrangements are in place for Direct Entry (DE) stream applicants who are expected to meet the requirements in place at time of application. New requirements will not be applied to pipeline applications.
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Client Cohort
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TRT requirements expected to apply
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Client held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a TSS visa/related bridging visa at time of application
or
Client lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continues to hold this visa or a TSS visa/related bridging visa at time of application.
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New requirements apply subject to the transitional provisions outlined below:
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occupation list requirements will not apply;
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the age requirement will remain at less than 50 years of age with existing age exemptions still available; and
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the minimum period an applicant is required to have been employed in their nominated occupation as the holder of a subclass 457 or TSS visa will remain at two years.
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